The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-05-03

of Honolulu. The defendant was
charged with the offense of haping
opium unls,ctaIly ia his possession He
pleaded not guilty and the evidence
on the part of the prosecution was
taken and the Crown rested. The de
fendant then, by his attorney MIR. j.
7. Dare. moved that the defendant be
discharged on the grounds:
s'Ffrsf. The Crown has not proven
Its charge of unlawful possession OF
opium.
".Second: That the possession OF OPT
nm under the law of 1886 is not
crime.
HTnira:. That the Act of 1856, enti-
tied AN Act to regulate the imports-
ton and sale of opium in this King
DOM is unconstitutional and there
fore void and of no effect"
The Police Justice overruled the
motion. and. the defendant offering
no testimony in defense, the Police
Justice found him guilty and SEN
fenced him to pay fine of one thou
sand dollars and to be imprisoned at
hard labor for the term of two years.
Whereupon the defendant gave no
tice of and thereafter perfected an
appeal to the Supreme Court IN banco
upon the above points of law made on
his motion to be discharged:
This being an appeal solely upon
points of law. the Court has not only
to determine whether the appellant Is
liable to any punishment under the
statute of last session, but whether
there is anv other law in force which
subjects the appellant to punishment,
because if we should SO find, we must
remit the case to the Police Magis-
trate in order that legal sentence
may be passed.
We must therefore ascertain how
far the said statute conflicts with the
law as it stood when such statute came
into operation.
For this purpose it will not be nee
essary to go back further than the
law of 1874
The title of this Act as amended by
the Legislature of 1876 is "An act to
restrict tie importati0R and sale Of opium or
preparations thereof"
This Act was amended IN several
particulars immaterial to be consid-
cred in this case, except an Act being
Chapter XIV of the laws of 1880
which will hererfter be more particu-
larly referred to.
The Act of 1874 is as follows:
Section1. Theimportation of opium
or any preparation thereof into this
Kingdom. eroept as authorized by Sec
ton 2 of this Act Is hereby strictly
prohibited: and whosoever shall I'M
port. sell, give or furnish opium or
any preparation thereof to any person
In this Kingdom ereept as prorided Ia
said Section ? shall be liable to pen
altv of not less than one hundred dol
lars. and to be imprisoned at hard
labor for any term not exceeding two
wears. one half of which pecunlary
penalty shall be paid to the party CIV
ING the information which shall lead
to the conviction of the offender.
Section2 2. The Board of Health may
from time to time, import such quan
titles of opium or preparations thereof
as the said Board shall deem neces-
sary for medical purposes IN this
Kingdom and shall furnish it at cost
to any physician or surgeon hdrtHg a
dfpI0nla or certificate from some medical col
Ieqe or unirersity and who has license
to practice medicine in this Kingdom,
also to the person in charge of the
medicines at the Leper Settlement at
Molokai to be used exclusively for
medical purposes. And the said Board
NAV also furnish it to the captain or
surgeon of any vessel bound to a for
eipn port for use on board said vessel
Section 3. Any person who shall
have in his possession opium or any
preparation thereof which he shall not
have received from the Board of
Health or from duly licensed ply
sician or surgeon as prescribed IN Sec
ton 2 of this Act. shall forfeit such
opium or preparation thereof to the
Hawaiian Government, and the same
shall be seized and delivered to the
Board of Health and such person
shall be imprisoned for term of not
more than one year with or without
hard labor in the discretion OF the
Court.
(By Chapter XVIII of the session
laws of 1880 the punishment was in
creased to a penalty of not less than
$50 nor more than $3.50 and impris
onment not exceeding one year.
Section f. Any physician or surgeon
who shall sell, prescribe or furnish
opium or any preparation thereof to
any person in tie habit Of smoking or other
mise using tie same or to any other per
son except as remedy in case of sick
ness shall forfeit to the Hawaiian
Government all opium or preparations
thereof which may be in his possess
ion. and it shall be seized and de
Iiyered to the Board of Health, and
he shall be fined IN the sum of not
less than twenty-five nor more than
one hundred dollars, and if he shall
x;ol.ta th;s Act more than once he